An Edgewood development company came before the Boone County Fiscal Court Tuesday evening to withdraw their request for a conditional use permit that would have made way for a multi-family residential development in Walton.
The permit would allow for Jake’s Farm Real Estate Development Company, LLC, to build 160 multi-family residential units on about 36.74 acres on the southeast corner of the intersection of Richwood Road and Schmidt Lane.
The withdrawal comes after the Boone County Planning and Zoning Commission voted against the conditional use permit, nine to four last week.
Thomas Breitenstein, attorney of record for Jake’s Farm Real Estate Company, spoke before the fiscal court, stating that while they tried to significantly reduce the number of dwelling units for this property, they weren’t quite ready enough.
“In our preparation, we prepared a new plan that showed a significant number fewer of new dwellings units for this property but came to realize it was too significant of a change,” Breitenstein said. “It’s a change that hasn’t been vetted in the public hearing process. In light of that, we have decided to withdraw our application.”
The rep quickly noted that they will be reapplying sooner rather than later.
Boone County Judge/Executive Gary Moore reminded the court once again that the recommendation from the Planning Commission was for denial. After the court accepted the withdrawal, the motion became moot and the floor was open for discussion.
“If there was a nine to four vote against the development, why are we having this discussion today,” asked Union resident Bill Wallsack.
Judge Moore reminded the court that it only takes three votes to overturn the Planning Commission.
“The Planning Commission is the recommending body,” Moore stated. “They’re not the final say. We could have thought the Planning Commission got it wrong and dealt with this at first reading tonight and at our next meeting there could have been a second reading. But, in this particular case, the applicant has withdrawn and it will start over.”